Case study

Not cancelled, just 'changed'

Perry Coverley has been refused compensation by BA because it says it didn't cancel his flight, it merely "changed the schedule".

He used the BA website in January to book two flights from Gatwick to Oporto for departure on March 10. Three days before he and his wife were due to leave he received an email by GB Airways (BA subsidiary and operator of the flight) informing him the flight had been cancelled.

"They offered an alternative the following day but this wasn't convenient as we were trying to get to a family function taking place on the first night.

"As a result we cancelled our tickets and booked seats on a flight with Ryanair (at greater expense due to the short notice given by BA). When I spoke to the customer services team at BA I was led to believe that applying for compensation would be a formality."

However, BA initially rejected his claim because the flight had been cancelled before the EU legislation came into force on February 17.

"It wasn't explained why if it was cancelled in February had it taken six weeks to inform us. I was then told my claim had actually been refused, not because the flight had been cancelled, but because it had been 'withdrawn from service'. They apparently don't have to pay out in such circumstances.

"I'm really annoyed because the flight continues to operate each Thursday. I would like to know what is the difference between withdrawing a flight from service and cancelling it? I have yet to receive a meaningful response," he says.

After J&M got involved, GB Airways relented. "We apologise for the confusing letters that he has received. As he had not been advised of the cancelled flight ahead of the 14-day period, he is entitled to €400 compensation under the EU legislation, which we will be sending directly to him," said a spokeswoman.